The Terms and Conditions stated on this page apply to all goods purchased from Loam Australia Pty Ltd (ACN 635 359 009) trading as “Loam” (ABN 17 635 359 009) (Loam) by the purchaser (you).
Goods remain the property of Loam until paid for in full – this includes all delivery and storage charges.
Do not make cash payments without getting a receipt – we require proof of purchase at all times.
Storage
Loam will hold orders free of charge for a period of 7 days, after which a storage fee will be charged unless otherwise agreed to in writing by Loam. Storage fees are calculated at a rate of 2% per month calculated on a daily basis, such interest being calculated to the RRP of the goods being stored.
Risk
Risk of the goods will remain with Loam until the point of delivery to you, where risk will then pass wholly and absolutely. For the avoidance of doubt, please make sure you check the condition of goods at the time of delivery as your signature will be required to acknowledge that the goods have been received in good order.
In the event that Loam is requested to warehouse the product, the client will be required to pay 100% of the applicable invoice. Upon payment, risk will pass to the client.
General
The Purchaser shall indemnify Loam, and hold Loam harmless from, any and all claims, actions, suits, proceedings, costs, expenses, damages and liabilities, arising out of, in connection with, or resulting from the Purchaser’s use of the goods, including without limitation the manner by which the Purchaser makes the goods suitable for use by other persons.
Loam’s liability for any loss of or damage to revenue, profits, savings, use, contracts, production, goodwill, business opportunity or business and any consequential or indirect loss or damage whatsoever and howsoever caused, is expressly excluded. Loam’s only liability for loss or damage incurred in respect of goods supplied (or agreed to be supplied) shall be limited to the repair of the goods or the refund of the purchase price, if at all.
No oral representation by Loam or its employees or agents which is inconsistent with these Terms and Conditions shall be valid. Any notice given under these Terms and Conditions must be given in writing an delivered, mailed, faxed or transmitted electronically, to the respective party at their designated address as notified by one party to the other from time to time.
The construction, validity and performance of these Terms and Conditions are governed by the laws of the State of Western Australia. If any of these Terms and Conditions are deemed by a court of competent jurisdiction to be ineffectual, invalid or unenforceable, then that part shall be severed and the remaining Terms and Conditions (or part thereof) shall remain in full force and effect. These Terms and Conditions supersede all previous written or oral negotiations and representations, any earlier agreement for or in connection with the same class of goods and any earlier Terms and Conditions issued by Loam.
By payment of the tax invoice to which these Terms and Conditions are attached, the Purchaser agrees to be bound by these Terms and Conditions.